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Pro & Con: Should Congress Adopt A New Tax Credit For Buying A Home? Yes: No Recovery Is Possible If Homeowners Lose Their Homes, Jessica D. Gabel 2010 Georgia State University College of Law

Pro & Con: Should Congress Adopt A New Tax Credit For Buying A Home? Yes: No Recovery Is Possible If Homeowners Lose Their Homes, Jessica D. Gabel

Faculty Publications By Year

No abstract provided.


Max Weber On Property: An Effort In Interpretive Understanding, Laura R. Ford 2010 Cornell University, Doctoral Candidate, Sociology

Max Weber On Property: An Effort In Interpretive Understanding, Laura R. Ford

Cornell Law School J.D. Student Research Papers

This article reviews Max Weber’s scholarly work pertaining to property, beginning with his first dissertation and ending with the compilation that is Economy and Society. Three phases of Weber’s work are described in detail: a legal phase, an economic-historical phase, and a sociological phase. It is argued that the sociological phase represents the culmination of the two prior phases, drawing on material and arguments from those earlier phases. In the sociological phase of his writing, it is argued that Weber developed a theory of property that is capable of accounting for that phenomenon in all of its dimensions ...


How California Can Harmonize A Tenant's State Rights And A Landlord's Right To Go Out Of Business Pursuant To The Ellis Act, Hugo E. Castillo 2010 Golden Gate University School of Law

How California Can Harmonize A Tenant's State Rights And A Landlord's Right To Go Out Of Business Pursuant To The Ellis Act, Hugo E. Castillo

Golden Gate University Law Review

California landlords doing business in cities with strict rent control laws have found a way to get around such laws and capitalize on the tight housing market. As of 1998 California landlords have simply relied on the utility of the Ellis Act, which has been in the California law books since 1986 and prohibits government agencies from interfering with a landlord's decision to evict tenants and withdraw rental units from the market. For example, in San Francisco, a city with strict rent control laws, 205 buildings were Ellised from July 1998 to June 1999; a jump from 1995, when ...


The Fiduciary Theory Of Governmental Legitimacy And The Natural Charter Of The Judiciary, Luke A. Wake 2010 Pacific Legal Foundation

The Fiduciary Theory Of Governmental Legitimacy And The Natural Charter Of The Judiciary, Luke A. Wake

Luke A. Wake

In legal academia, there are various claims as to the proper role of the courts and the standard of review to be employed in evaluating claims of right. These competing judicial philosophies have been the subject of great debate in recent years. Yet underlying these debates is the question of rights and whether men are entitled, in justice, to assurances of personal autonomy, or whether the concept of rights is a mere legal fiction.

In a recent article in the Journal of Law and Philosophy, Evan Fox-Decent argues that individuals are entitled, at a minimum, to certain guarantees of bodily ...


Tell It Like It Is - Sellers' Duties Of Disclosure In Real Estate Transactions Under California Law, Ann J. Rosenthal, R. Stuart Phillips 2010 Golden Gate University School of Law

Tell It Like It Is - Sellers' Duties Of Disclosure In Real Estate Transactions Under California Law, Ann J. Rosenthal, R. Stuart Phillips

Golden Gate University Law Review

California has long been on the cutting edge of the law, often presaging national legal trends. It is no surprise, therefore, that California was among the first states to abandon the rule of caveat emptor in real estate transactions, enacting numerous statutes that provide a buyer with sufficient information to make a reasoned judgment in buying property. Sellers often run afoul of these laws, however, because they are unaware of the nature and extent of the duties imposed upon them. California real estate practitioners know that their state law imposes stringent duties of disclosure on sellers of real property, particularly ...


Co-Use Of Compatible Private Easements By Cable Television Franchisees Under The 1984 Cable Act: Federal Refinement Of An Established Right, Richard D. Harmon 2010 Golden Gate University School of Law

Co-Use Of Compatible Private Easements By Cable Television Franchisees Under The 1984 Cable Act: Federal Refinement Of An Established Right, Richard D. Harmon

Golden Gate University Law Review

Before the Cable Act became law, a number of obstacles had retarded cable television's growth and development. One such obstacle involved private landowners, especially real estate developers and landlords. By the 1980s, many developers were attempting to physically exclude franchised cable television disseminators from their developments so that the resulting captive audience could be served, on an exclusive basis, by the developer or someone with whom the developer had contracted. These exclusionary practices represented a serious problem, since it is estimated that half of all new residential construction in the United States is now in the form of planned ...


Summary Of Adaven Mgmt. V. Mountain Falls Acquisition, 124 Nev. Adv. Op. No. 67, Kareema Mitchell Turner 2010 Nevada Law Journal

Summary Of Adaven Mgmt. V. Mountain Falls Acquisition, 124 Nev. Adv. Op. No. 67, Kareema Mitchell Turner

Nevada Supreme Court Summaries

No abstract provided.


Eminent Domain By Regulation: Developing A Unified Field Theory For The Regulatory Taking, Barbara J. Savery 2010 Golden Gate University School of Law

Eminent Domain By Regulation: Developing A Unified Field Theory For The Regulatory Taking, Barbara J. Savery

Golden Gate University Law Review

The blurring of the lines between what constitutes public use for eminent domain and what is considered a proper public welfare objective of the police power means that government purpose can no longer be used to distinguish between the two powers. They have become functionally interchangeable. The Supreme Court's recognition that the two powers are coterminus demands that they be treated not as separate entities, but as "two points on a continuum which is the power of government". The tension between the traditional "correlative view", which sees the two powers as "very different", and the more recent approach, which ...


Becker V. Irm Corporation: Strict Liability In Tort For Landlords, Alice L. Perlman 2010 Golden Gate University School of Law

Becker V. Irm Corporation: Strict Liability In Tort For Landlords, Alice L. Perlman

Golden Gate University Law Review

This Note will address several questions which are both old and new in tort law. How does the court apply a stream of commerce approach to strict products liability? What does it mean for a landlord to be in the business of leasing so that strict liability may be imposed for injuries caused by latent defects in residential units? What is a latent defect so that landlords may take necessary preventative steps before renting a unit? In addition, this Note will examine the policies for extending strict liability which have developed in California case law. This Note will show that ...


Dual Agency In Residential Real Estate Brokerage: Conflict Of Interest And Interests In Conflict, Robert E. Kroll 2010 Golden Gate University School of Law

Dual Agency In Residential Real Estate Brokerage: Conflict Of Interest And Interests In Conflict, Robert E. Kroll

Golden Gate University Law Review

This Comment will explore the legal status and vulnerability of real estate brokers who engage in dual agency. It will discuss the under-representation of home buyers, and the advantages and disadvantages of some suggested statutory and administrative reforms requiring or encouraging single, unconflicted agency arrangements in residential real estate transactions.


Real Property, Scott Benjamin 2010 Golden Gate University School of Law

Real Property, Scott Benjamin

Golden Gate University Law Review

No abstract provided.


How Scary Is "Stop The Beach Renourishment"?, Roger Bernhardt 2010 Golden Gate University School of Law

How Scary Is "Stop The Beach Renourishment"?, Roger Bernhardt

Publications

This article reviews Stop the Beach Renourishment, Inc. v. Florida Dep’t of Envt’l Protection where four Justices announced a judicial decision could, under the right circumstances, by itself constitute a taking of a litigant’s property, and applies that rule to existing California Supreme Court cases on 1) the implied warranty of habitability, 2) running covenants, 3) common enemy surface water, 4) public beach access, and 5) deeds of trust and the one-action rule.


Wellenkamp V. Bank Of America: A De-Stabilizing Shift In California Real Estate Financing, Patrick Hart 2010 Golden Gate University School of Law

Wellenkamp V. Bank Of America: A De-Stabilizing Shift In California Real Estate Financing, Patrick Hart

Golden Gate University Law Review

No abstract provided.


Curbing Real Estate Speculation In California, Barbara L. Cunningham 2010 Golden Gate University School of Law

Curbing Real Estate Speculation In California, Barbara L. Cunningham

Golden Gate University Law Review

No abstract provided.


The Doctrine Of Waste And California's Anti-Deficiency Statutes, Henry E. O'Neill 2010 Golden Gate University School of Law

The Doctrine Of Waste And California's Anti-Deficiency Statutes, Henry E. O'Neill

Golden Gate University Law Review

No abstract provided.


Green V. Superior Court: A New Remedy For The California Tenant, Jane Rogers, Janis Rovner 2010 Golden Gate University School of Law

Green V. Superior Court: A New Remedy For The California Tenant, Jane Rogers, Janis Rovner

Golden Gate University Law Review

No abstract provided.


Real Property Law, 2010 Golden Gate University School of Law

Real Property Law

Golden Gate University Law Review

No abstract provided.


Edificación De Mala Fe , Mejoras Y Posesión Ilegitima. Un Acierto De La Corte Suprema, Alan A. Pasco Arauco 2010 Universidad San Marcos

Edificación De Mala Fe , Mejoras Y Posesión Ilegitima. Un Acierto De La Corte Suprema, Alan A. Pasco Arauco

Alan A. Pasco Arauco

No abstract provided.


Breves Comentários Sobre A Reforma Da Lei De Locações De Imóveis Urbanos., Nelson Rodrigues Netto 2010 Harvard Law School

Breves Comentários Sobre A Reforma Da Lei De Locações De Imóveis Urbanos., Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.


Iowa Real Property Law: A Program Materials Index, Patrick Bauer 2010 University of Iowa

Iowa Real Property Law: A Program Materials Index, Patrick Bauer

College of Law Publications

No abstract provided.


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